[Sharh Muwatta Imam Malik – Shaikh Zubair Ali Zai] – Hadith No.97 –:– It Is Prohibited To Perform An Engagement (Khitba – Asking For A Woman In Marriage) With A Woman Who Is Already Engaged

Tahqiq, Takhrij, Sharh

Muhadith Zubair Ali Zai

Translated Abu Ubaydah

Translated, Checked & Additional Notes

Abu Hibban & Abu Khuzaimah Ansaari

It Is Prohibited To Perform An Engagement (Khitba – Asking For A Woman In Marriage) With A Woman Who Is Already Engaged

[97] From from Malik from Muhammad ibn Yahya ibn Haban from al-A’raj from Abu Hurairah (Radi Allahu Anhu) that the Messenger of Allah (Sallalahu Alayhi Wa Sallam) said, “Do not ask for a woman in marriage when another Muslim has already done so.”

Transmitted by Nasa’i (6/73 hadith no.3242) from the hadith of Abdurahman Ibn al-Qasim from Malik and narrated by Bukhari (no.5143) from a lengthy hadith of al-‘Araj, and it is narrated by Malik from Abi az-Zinad from al-‘Araj from Abu Huraira (Radi Allahu Anhu) as you will see in (hadith) no.351

[UNDERSTANDING FROM THE HADITH]1) Performing an engagement is allowed on the condition that it does not involve hindu (or other non-islamic) customs and things which go against the commands of the Sharia.

2) Every Muslim is the Islamic brother of other Muslims on the condition that he is not someone who does things which go against the Quran and Sunnah.

3) If someone becomes engaged to a woman and sets the mahr amount with her then other people should not think about trying to be engaged or married to this woman. In this regard, the intercommunication (T.N. i.e. the setting of the mahr etc.) between the two parties implies acceptance. After this acceptance has occurred, it is not allowed for another person to attempt in having an engagement or marriage with this woman.

4) There is goodness and prosperity for all the humankind in Islam.

5) You should stay far away from and prevent yourself from getting into differences, mischief and arguments.